Kicked out of one of my favorite fishing spots

[HeaveToo]

Last night I was fishing in my favorite spot in the back of the Occoquan River.  The conditions looked right for some striper action.

While I was fishing a security guard stopped.  I believe that he was representing Fairfax County Water Authority.  The security guard yelled to me that I couldn't be in that area and I needed to move back.  I complied with his requests.

Still, I am curious as to what authority he had to make me move.  I was in the water and I had kayaked to that location.  I was sitting in my kayak and I was not standing on any rocks or the bank.  In the past I have not been bothered when I was fishing and I have seen employees of the Fairfax County Water Authority fishing and bow fishing in that area.

From what I have read this would be similar to some of the issues on the Jackson.  The main exception is that we are not dealing with Kings Grants here.  The State of Virginia owns the stream bed.  If this is the case then I was allowed to be in that area and the Security Guard had overstepped his authority.  I could understand it as being trespassing had I walked into the area but since I kayaked I believe that I was legally in the area.

I am really tired of dealing with the loss of fishing spots in this area.  Not too long ago we had the issue with wading at Gravely Point. 

I have sent an email to the Fairfax County Water Authority asking them what the boundaries are.  I forgot to mention that there were no signs on the river etc.

Based on my knowledge of the laws I think that I was legally allowed in the area I was fishing.

[Jeffrey Silvan]

If you were in the water and not tied to land as you described, you're right - they have absolutely zero authority to ask you to leave navigable water. 

--
http://www.tpfr.org
---
You received this message because you are subscribed to the Google Groups "Tidal Potomac Fly Rodders" group.
To unsubscribe from this group and stop receiving emails from it, send an email to tidal-potomac-fly-...@googlegroups.com.
To post to this group, send email to tidal-potoma...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/tidal-potomac-fly-rodders/0b16efc1-bd9a-4027-8375-3bd3d70428d9%40googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

[HeaveToo]

Here is the response that I got from Fairfax County Water Authority:

Good morning. I work with the Fairfax Water public affairs office and I looked into your message for you.

 

Bottom line up front: you can fish on the river as long as you are doing so moored or anchored away from the restricted shorelines. Fairfax Water can only restrict fishing from the public at restricted areas and the shorelines connected to those areas.

The new park along the river is Fairfax Water Authority property and the fenced-in areas are regions where construction is being done. Our engineers are working along both sides of the river and do have occasion to fish a bit on during their lunch breaks, as approved by management, but the area is fenced off in the interest of public safety during construction. Anywhere outside of the fence line is open to fishing, however.

 

Fairfax Water has no issue with you or anyone else taking your canoe or kayak and mooring it out on the river, as the river is open to the town and its residents and guests. The only issue we would have is if someone were to moor their vessel or water craft or stand and fish from the rocks on the restricted shoreline (see attachment). The only instance in which security should ask you to move or vacate would be if your person or kayak was at the restricted shoreline areas.

 

The river itself and enforcement of applicable state laws is the responsibility of the VADGIF.

We’re committed to the beautification and free access of the community’s resources but also owe it to the community to ensure public fishing on Fairfax Water property is done so in a safe manner. With that in mind, please refer to the attached map which highlights the areas where you are free to safely access during construction at your own risk. Please take care to fish in a safe manner because, as you know, the river is prone to rapid tide changes.

 

If any of our engineers tell you that you cannot fish at the areas on this map, please refer them to the office of the public affairs at (703) 289-6291.

 

Likewise, if you have any questions or requests for clarification, please feel free to contact me directly.

[HeaveToo]

Apparently I was legally in the area.  I have spoken with:

Jesse Aranda

Public Information Officer

Fairfax Water Authority

Direct 703-289-6291

Cell (571) 253-3744

jar...@fairfaxwater.org

He said that if I have this issue again to have the security guard contact him.  I also advised him that the security stepped outside of the limits of his authority and that this should probably be corrected.  Mr. Aranda agreed.

I am glad that I was able to get this issue resolved.

[GSFeder]

Thanks for standing up for your (and our) rights (without tipping the yak). 

Cheers, 

-- Greg

Sent from my iPhone

--

http://www.tpfr.org
---
You received this message because you are subscribed to the Google Groups "Tidal Potomac Fly Rodders" group.
To unsubscribe from this group and stop receiving emails from it, send an email to tidal-potomac-fly-...@googlegroups.com.
To post to this group, send email to tidal-potoma...@googlegroups.com.

To view this discussion on the web visit https://groups.google.com/d/msgid/tidal-potomac-fly-rodders/c8796811-80cc-4651-bbb6-da8a07f6c67e%40googlegroups.com.

[HeaveToo]

Well, this issued reared its ugly head again!

Yesterday I was shad fishing in my favorite area in the Occoquan River.  I was yelled at by a security guard.

Luckily I knew my legal standing and I had spoken with Fairfax County Water Authority last year.  I advised the security guard of the legal issues and she continued to say that I needed to move.  Finally I advised her of the legal ramifications of what she was saying and that she didn't have any authority in this matter since I am not attached to the restricted shoreline and I was anchored to the river bottom in my kayak.  She hovered for a while and left.

For good measure another email has been sent to Fairfax County Water Authority. 

On a separate issue, I watched some people harvest shad out of the river with casting nets.  They were employees of the Fairfax County Water Authority.  That has been reported to Fairfax County Water Authority also.

[HeaveToo]

Wow, they were quick to respond.  Two parties promptly apologized for the actions of the security guard. 

This was sent to me form the head of security:
"I apologize for the action of our officer.  I just issued a memorandum to them and the Chief of Police in Occoquan this week restating that we cannot control the river just our shores.  I will make sure they understand that directive. 

As per our knuckle heads I will deal with them more harshly.   As an avid fisherman myself, I despise of people disobeying regulations"

Sounds like we should be good this year and sounds like the other matter will be handled.

Here are the important facts:
1.  You MUST be in a boat.  You can't walk back in the area and you can't get out of the boat, kayak, etc.
2.  If you decide to be stationary you should anchor, don't tie up to a rock.
3.  Shoreline access is STRICTLY restricted.  Again, don't get of your boat!
4.  Comply with all fishing regulations and please don't litter.

I have done a lot of communicating with Fairfax County Water Authority to make sure that we have access in this area and we can fish it as it is a productive area.  Please make sure that everyone follows these guidelines!  You can't do anything about other people, except for call the proper authorities on them or notify Fairfax Water Authority.  Just be careful in this area as there can be a lot of current going through there.

[namfos]

Good work! Well done! A fine display of civic mindedness! ☺

Mark

[Evan D]

I have to say I am very impressed with their detailed response and, most of all, their responsiveness.  In a time where people quickly hand off responsibility and requests like this get lost in never-ending circulation, this is refreshing.

[MelserBonilla]

Thanks for looking out for us!!! Great job!!

[Tim Donaldson]

You're a better person that I am.  If I knew, or suspected, that I was not trespassing or fishing illegally, I would have likely told Paul Blart to stick it where the sun don't shine.  My wife keeps telling me I need to avoid confrontation but I guess growing up as a BMX punk made me wary of rent-a-cops and security guards.     

On Thursday, April 13, 2017 at 11:47:37 AM UTC-4, HeaveToo wrote: